How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Wonder if you can help.The scenario is:A is sole

Resolved Question:

Hello wonder if you can help.
The scenario is:
A is sole executor named in Will. He wishes to do probate application himself. He will gather together all supporting documents and sign applications and Oath. The Will is not challenged there are only 2 beneficiaries who inherit equally. B is known to A personally and has had experience in preparing probate documentation himself and successfully being given a grant in the past. A wishes to ask B for help just in filling out the forms probably IHT400 as there will be tax and PA1 without the help of a solicitor.
They have all just been told that B (and possibly A) will be contravening Legal Services Act 2007 and committing a crime under Administration of Justice Act 1985 as only a solicitor or authorised person can submit IHT 205’s IHT207’s and PA1’s to the probate registry.
They thought A was an authorised person being executor.
Is the information now given correct or is someone scare-mongering?
Any assistance would be appreciated
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWho has told them this?
Customer: replied 1 year ago.

The Chartered Accountant who did the deceased's tax returns. He suggested he do it as his firm was authorised and when A said he wanted to do it with a friends help this was what he was told that only authorised people can fill in and file the legal forms.

Customer: replied 1 year ago.

I should make it clear he did not actually say A could not do it he said B could not help him and he did not think he could without the help of B. He would have paid B for his time just in case this makes a difference.

Expert:  Clare replied 1 year ago.
Is B intending to charge A for the help he gives?
Customer: replied 1 year ago.

Can you give your opinion on both as B has not said they definitely will but A would want to pay him. B would have to declare anything he was given anyway I presume for tax purposes say as a tip? Neither wants to do anything wrong. If B cannot help he might ask for some paid for assistance from someone with experience but not a solicitor or accountant as he has been rather put off by what he has been told and is a bit miffed by it all/

Sorry for my delay in coming back but I will keep revisiting my computer as often as I can for any response.

Expert:  Clare replied 1 year ago.
B cannot apply for Probate on behalf of A - but he can help A complete the forms so that A can do soHowever B cannot then charge A for the work - although if A wishes to purchase a large bottle of his favourite liquid there is no reason why he should not do so!I hope that this is of assistance - please ask if you need further detailsClare
Clare and other Law Specialists are ready to help you